Republic v. Cagandahan, G.R. No. 166676, September 12, 2008

12/2/22, 12:25 AM SUPREME COURT REPORTS ANNOTATED VOLUME 565
days. Basically, Ponzi used the money he received from

later investors to pay extravagant rates return to early
investors, thereby inducing more investors to place their
money with him in the false hope of realizing this same
extravagant rate of return themselves. (People vs. Balasa,
295 SCRA 49 [1998])
——o0o——
G.R. No. 166676. September 12, 2008.*
REPUBLIC OF THE PHILIPPINES, petitioner, vs.

JENNIFER B. CAGANDAHAN, respondent.
Civil Registry; Correction of Entries in Birth Certificates;

Clerical Error Law (R.A. No. 9048); R.A. No. 9048 removed from
the ambit of Rule 108 of the Rules of Court the correction of such
errors—Rule 108 now applies only to substantial changes and
corrections in entries in the civil register.—The determination of a
person’s sex appearing in his birth certificate is a legal issue and
the court must look to the statutes. In this connection, Article 412
of the Civil Code provides: ART. 412. No entry in a civil register
shall be changed or corrected without a judicial order. Together
with Article 376 of the Civil Code, this provision was amended by
Republic Act No. 9048 in so far as clerical or typographical errors
are involved. The correction or change of such matters can now be
made through administrative proceedings and without the need
for a judicial order. In effect, Rep. Act No. 9048 removed from the
ambit of Rule 108 of the Rules of Court the correction of such
errors. Rule 108 now applies only to substantial changes and
corrections in entries in the civil register.
Same; Same; The entries envisaged in Article 412 of the Civil
Code and correctable under Rule 108 of the Rules of Court are
those provided in Articles 407 and 408 of the Civil Code; The acts,
events or factual errors contemplated under Article 407 of the Civil
Code include even those that occur after birth.—Under Rep. Act
No. 9048, a
_______________
https://www.central.com.ph/sfsreader/session/00000184ce7a28fc4149f22c000d00d40059004a/t/?o=False 1/18
* SECOND DIVISION.
73
VOL. 565, SEPTEMBER 12, 2008 73
Republic vs. Cagandahan
correction in the civil registry involving the change of sex is not a

mere clerical or typographical error. It is a substantial change for
which the applicable procedure is Rule 108 of the Rules of Court.
The entries envisaged in Article 412 of the Civil Code and
correctable under Rule 108 of the Rules of Court are those
provided in Articles 407 and 408 of the Civil Code: ART. 407. Acts,
events and judicial decrees concerning the civil status of persons
shall be recorded in the civil register. ART. 408. The following
shall be entered in the civil register: (1) Births; (2) marriages; (3)
deaths; (4) legal separations; (5) annulments of marriage; (6)
judgments declaring marriages void from the beginning; (7)
legitimations; (8) adoptions; (9) acknowledgments of natural
children; (10) naturalization; (11) loss, or (12) recovery of
citizenship; (13) civil interdiction; (14) judicial determination of
filiation; (15) voluntary emancipation of a minor; and (16) changes
of name. The acts, events or factual errors contemplated under
Article 407 of the Civil Code include even those that occur after
birth.
Same; Same; Intersexuality; Congenital Adrenal Hyperplasia
(CAH); Words and Phrases; During the twentieth century,
medicine adopted the term “intersexuality” to apply to human
beings who cannot be classified as either male or female—an
organism with intersex may have biological characteristics of both
male and female sexes.—Respondent undisputedly has CAH. This
condition causes the early or “inappropriate” appearance of male
characteristics. A person, like respondent, with this condition
produces too much androgen, a male hormone. A newborn who
has XX chromosomes coupled with CAH usually has a (1) swollen
clitoris with the urethral opening at the base, an ambiguous
genitalia often appearing more male than female; (2) normal
internal structures of the female reproductive tract such as the
ovaries, uterus and fallopian tubes; as the child grows older, some
features start to appear male, such as deepening of the voice,
facial hair, and failure to menstruate at puberty. About 1 in
10,000 to 18,000 children are born with CAH. CAH is one of many
conditions that involve intersex anatomy. During the twentieth
century, medicine adopted the term “intersexuality” to apply to
human beings who cannot be classified as either male or female.
The term is now of widespread use. According to Wikipedia,
intersexuality “is the state of a living thing of a gonochoristic

species whose sex chromosomes, genitalia, and/or secondary sex
characteristics are determined to be neither exclusively male nor
74
74 SUPREME COURT REPORTS ANNOTATED
female. An organism with intersex may have biological

characteristics of both male and female sexes.”
Same; Same; Same; Same; The current state of Philippine
statutes apparently compels that a person be classified either as a
male or as a female, but this Court is not controlled by mere
appearances when nature itself fundamentally negates such rigid
classification.—Intersex individuals are treated in different ways
by different cultures. In most societies, intersex individuals have
been expected to conform to either a male or female gender role.
Since the rise of modern medical science in Western societies,
some intersex people with ambiguous external genitalia have had
their genitalia surgically modified to resemble either male or
female genitals. More commonly, an intersex individual is
considered as suffering from a “disorder” which is almost always
recommended to be treated, whether by surgery and/or by taking
lifetime medication in order to mold the individual as neatly as
possible into the category of either male or female. In deciding
this case, we consider the compassionate calls for recognition of
the various degrees of intersex as variations which should not be
subject to outright denial. “It has been suggested that there is
some middle ground between the sexes, a ‘no-man’s land’ for those
individuals who are neither truly ‘male’ nor truly ‘female.’” The
current state of Philippine statutes apparently compels that a
person be classified either as a male or as a female, but this Court
is not controlled by mere appearances when nature itself
fundamentally negates such rigid classification.
Same; Same; Same; Same; Where the person is biologically or
naturally intersex the determining factor in his gender
classification would be what the individual, having reached the
age of majority, with good reason thinks of his/her sex; Sexual
development in cases of intersex persons makes the gender
classification at birth inconclusive—it is at maturity that the
gender of such persons, like respondent, is fixed.—Biologically,
nature endowed respondent with a mixed (neither consistently
and categorically female nor consistently and categorically male)
composition. Respondent has female (XX) chromosomes. However,
respondent’s body system naturally produces high levels of male
hormones (androgen). As a result, respondent has ambiguous
genitalia and the phenotypic features of a male. Ultimately, we

are of the view that where the person is biologically or naturally
intersex the determining factor in his gender classifica-
75
VOL. 565, SEPTEMBER 12, 2008 75
tion would be what the individual, like respondent, having

reached the age of majority, with good reason thinks of his/her
sex. Respondent here thinks of himself as a male and considering
that his body produces high levels of male hormones (androgen)
there is preponderant biological support for considering him as
being male. Sexual development in cases of intersex persons
makes the gender classification at birth inconclusive. It is at
maturity that the gender of such persons, like respondent, is
fixed.
Same; Same; Same; Same; To the person with Congenital
Adrenal Hyperplasia (CAH) belongs the human right to the
pursuit of happiness and of health, and to him should belong the
primordial choice of what courses of action to take along the path
of his sexual development and maturation.—In the absence of a
law on the matter, the Court will not dictate on respondent
concerning a matter so innately private as one’s sexuality and
lifestyle preferences, much less on whether or not to undergo
medical treatment to reverse the male tendency due to CAH. The
Court will not consider respondent as having erred in not
choosing to undergo treatment in order to become or remain as a
female. Neither will the Court force respondent to undergo
treatment and to take medication in order to fit the mold of a
female, as society commonly currently knows this gender of the
human species. Respondent is the one who has to live with his
intersex anatomy. To him belongs the human right to the pursuit
of happiness and of health. Thus, to him should belong the
primordial choice of what courses of action to take along the path
of his sexual development and maturation. In the absence of
evidence that respondent is an “incompetent” and in the absence
of evidence to show that classifying respondent as a male will
harm other members of society who are equally entitled to
protection under the law, the Court affirms as valid and justified
the respondent’s position and his personal judgment of being a
male.
Same; Same; Names; There is merit in the change of name of a
person with Congenital Adrenal Hyperplasia (CAH) where the
same is the consequence of the recognition of his preferred gender.
—As for respondent’s change of name under Rule 103, this Court
has held that a change of name is not a matter of right but of

judicial discretion, to be exercised in the light of the reasons
adduced and the consequences that will follow. The trial court’s
grant of respondent’s change of name from Jennifer to Jeff implies
a change of a feminine
76
name to a masculine name. Considering the consequence that

respondent’s change of name merely recognizes his preferred
gender, we find merit in respondent’s change of name. Such a
change will conform with the change of the entry in his birth
certificate from female to male.
PETITION for review on certiorari of a decision of the

Regional Trial Court of Siniloan, Laguna, Br. 33.
The facts are stated in the opinion of the Court.
The Solicitor General for petitioner.
Edgard N. Smith for respondent.
QUISUMBING, J.:
This is a petition for review under Rule 45 of the Rules
of Court raising purely questions of law and seeking a
reversal of the Decision1 dated January 12, 2005 of the
Regional Trial Court (RTC), Branch 33 of Siniloan, Laguna,
which granted the Petition for Correction of Entries in
Birth Certificate filed by Jennifer B. Cagandahan and
ordered the following changes of entries in Cagandahan’s
birth certificate: (1) the name “Jennifer Cagandahan”
changed to “Jeff Cagandahan” and (2) gender from “female”
to “male.”
The facts are as follows.
On December 11, 2003, respondent Jennifer
Cagandahan filed a Petition for Correction of Entries in
Birth Certificate2 before the RTC, Branch 33 of Siniloan,
Laguna.
In her petition, she alleged that she was born on January
13, 1981 and was registered as a female in the Certificate
of Live Birth but while growing up, she developed
secondary male characteristics and was diagnosed to have
Congenital Adrenal Hyperplasia (CAH) which is a
condition where persons thus afflicted possess both male
and female characteris-
_______________
1 Rollo, pp. 29-32. Penned by Judge Florenio P. Bueser.

2 Id., at pp. 33-37.
77
VOL. 565, SEPTEMBER 12, 2008 77

tics. She further alleged that she was diagnosed to have

clitoral hyperthropy in her early years and at age six,
underwent an ultrasound where it was discovered that she
has small ovaries. At age thirteen, tests revealed that her
ovarian structures had minimized, she has stopped
growing and she has no breast or menstrual development.
She then alleged that for all interests and appearances as
well as in mind and emotion, she has become a male
person. Thus, she prayed that her birth certificate be
corrected such that her gender be changed from female to
male and her first name be changed from Jennifer to Jeff.
The petition was published in a newspaper of general
circulation for three (3) consecutive weeks and was posted
in conspicuous places by the sheriff of the court. The
Solicitor General entered his appearance and authorized
the Assistant Provincial Prosecutor to appear in his behalf.
To prove her claim, respondent testified and presented
the testimony of Dr. Michael Sionzon of the Department of
Psychiatry, University of the Philippines-Philippine
General Hospital. Dr. Sionzon issued a medical certificate
stating that respondent’s condition is known as CAH. He
explained that genetically respondent is female but because
her body secretes male hormones, her female organs did
not develop normally and she has two sex organs—female
and male. He testified that this condition is very rare, that
respondent’s uterus is not fully developed because of lack of
female hormones, and that she has no monthly period. He
further testified that respondent’s condition is permanent
and recommended the change of gender because
respondent has made up her mind, adjusted to her chosen
role as male, and the gender change would be
advantageous to her.
The RTC granted respondent’s petition in a Decision
dated January 12, 2005 which reads:
“The Court is convinced that petitioner has satisfactorily shown

that he is entitled to the reliefs prayed [for]. Petitioner has
adequately presented to the Court very clear and convincing
proofs
78

for the granting of his petition. It was medically proven that

petitioner’s body produces male hormones, and first his body as
well as his action and feelings are that of a male. He has chosen to
be male. He is a normal person and wants to be acknowledged
and identified as a male.
WHEREFORE, premises considered, the Civil Register of
Pakil, Laguna is hereby ordered to make the following corrections
in the birth [c]ertificate of Jennifer Cagandahan upon payment of
the prescribed fees:
a) By changing the name from Jennifer Cagandahan to
JEFF CAGANDAHAN; and
b) By changing the gender from female to MALE.
It is likewise ordered that petitioner’s school records, voter’s
registry, baptismal certificate, and other pertinent records are
hereby amended to conform with the foregoing corrected data.
SO ORDERED.”3
Thus, this petition by the Office of the Solicitor General

(OSG) seeking a reversal of the abovementioned ruling.
The issues raised by petitioner are:
THE TRIAL COURT ERRED IN GRANTING THE PETITION

CONSIDERING THAT:
I.
THE REQUIREMENTS OF RULES 103 AND 108 OF THE
RULES OF COURT HAVE NOT BEEN COMPLIED WITH; AND,
II.
CORRECTION OF ENTRY UNDER RULE 108 DOES NOT
ALLOW CHANGE OF “SEX” OR “GENDER” IN THE BIRTH
CERTIFICATE, WHILE RESPONDENT’S MEDICAL
CONDITION, i.e., CONGENITAL ADRENAL HYPERPLASIA
DOES NOT MAKE HER A “MALE.”4
_______________
3 Id., at pp. 31-32.

4 Id., at p. 97.
79
VOL. 565, SEPTEMBER 12, 2008 79

Simply stated, the issue is whether the trial court erred

in ordering the correction of entries in the birth certificate
of respondent to change her sex or gender, from female to
male, on the ground of her medical condition known as
CAH, and her name from “Jennifer” to “Jeff,” under Rules
103 and 108 of the Rules of Court.
The OSG contends that the petition below is fatally
defective for non-compliance with Rules 103 and 108 of the
Rules of Court because while the local civil registrar is an
indispensable party in a petition for cancellation or
correction of entries under Section 3, Rule 108 of the Rules
of Court, respondent’s petition before the court a quo did
not implead the local civil registrar.5 The OSG further
contends respondent’s petition is fatally defective since it
failed to state that respondent is a bona fide resident of the
province where the petition was filed for at least three (3)
years prior to the date of such filing as mandated under
Section 2(b), Rule 103 of the Rules of Court.6 The OSG
argues that Rule 108 does not allow change of sex or
gender in the birth certificate and respondent’s claimed
medical condition known as CAH does not make her a
male.7
On the other hand, respondent counters that although
the Local Civil Registrar of Pakil, Laguna was not formally
named a party in the Petition for Correction of Birth
Certificate, nonetheless the Local Civil Registrar was
furnished a copy of the Petition, the Order to publish on
December 16, 2003 and all pleadings, orders or processes in
the course of the proceedings,8 respondent is actually a
male person and hence his birth certificate has to be
corrected to reflect his true sex/gender,9 change of sex or
gender is allowed under
_______________
5 Id., at p. 99.
6 Id., at p. 103.
7 Id., at p. 104.
8 Id., at p. 136.
9 Id., at p. 127.
80

Rule 108,10 and respondent substantially complied with the

requirements of Rules 103 and 108 of the Rules of Court.11
Rules 103 and 108 of the Rules of Court provide:
Rule 103
CHANGE OF NAME
Section 1. Venue.—A person desiring to change his name
shall present the petition to the Regional Trial Court of the
province in which he resides, [or, in the City of Manila, to the
Juvenile and Domestic Relations Court].
Sec. 2. Contents of petition.—A petition for change of name
shall be signed and verified by the person desiring his name
changed, or some other person on his behalf, and shall set forth:
(a) That the petitioner has been a bona fide resident of
the province where the petition is filed for at least three (3)
years prior to the date of such filing;
(b) The cause for which the change of the petitioner’s
name is sought;
(c) The name asked for.
Sec. 3. Order for hearing.—If the petition filed is sufficient in
form and substance, the court, by an order reciting the purpose of
the petition, shall fix a date and place for the hearing thereof, and
shall direct that a copy of the order be published before the
hearing at least once a week for three (3) successive weeks in
some newspaper of general circulation published in the province,
as the court shall deem best. The date set for the hearing shall not
be within thirty (30) days prior to an election nor within four (4)
months after the last publication of the notice.
Sec. 4. Hearing.—Any interested person may appear at the
hearing and oppose the petition. The Solicitor General or the
proper provincial or city fiscal shall appear on behalf of the
Government of the Republic.
Sec. 5. Judgment.—Upon satisfactory proof in open court on the
date fixed in the order that such order has been published as
_______________
10 Id., at p. 134.
11 Id., at p. 136.
81
VOL. 565, SEPTEMBER 12, 2008 81

directed and that the allegations of the petition are true, the court
shall, if proper and reasonable cause appears for changing the
name of the petitioner, adjudge that such name be changed in
accordance with the prayer of the petition.
Sec. 6. Service of judgment.—Judgments or orders rendered
in connection with this rule shall be furnished the civil registrar
of the municipality or city where the court issuing the same is

situated, who shall forthwith enter the same in the civil register.
Rule 108
CANCELLATION OR CORRECTION OF ENTRIES
IN THE CIVIL REGISTRY
Section 1. Who may file petition.—Any person interested in
any act, event, order or decree concerning the civil status of
persons which has been recorded in the civil register, may file a
verified petition for the cancellation or correction of any entry
relating thereto, with the Regional Trial Court of the province
where the corresponding civil registry is located.
Sec. 2. Entries subject to cancellation or correction.—Upon
good and valid grounds, the following entries in the civil register
may be cancelled or corrected: (a) births; (b) marriages; (c) deaths;
(d) legal separations; (e) judgments of annulments of marriage; (f)
judgments declaring marriages void from the beginning; (g)
legitimations; (h) adoptions; (i) acknowledgments of natural
children; (j) naturalization; (k) election, loss or recovery of
citizenship; (l) civil interdiction; (m) judicial determination of
filiation; (n) voluntary emancipation of a minor; and (o) changes of
name.
Sec. 3. Parties.—When cancellation or correction of an entry
in the civil register is sought, the civil registrar and all persons
who have or claim any interest which would be affected thereby
shall be made parties to the proceeding.
Sec. 4. Notice and publication.—Upon the filing of the
petition, the court shall, by an order, fix the time and place for the
hearing of the same, and cause reasonable notice thereof to be
given to the persons named in the petition. The court shall also
cause the order to be published once a week for three (3)
consecutive weeks in a newspaper of general circulation in the
province.
82

Sec. 5. Opposition.—The civil registrar and any person

having or claiming any interest under the entry whose
cancellation or correction is sought may, within fifteen (15) days
from notice of the petition, or from the last date of publication of
such notice, file his opposition thereto.
Sec. 6. Expediting proceedings.—The court in which the
proceedings is brought may make orders expediting the
proceedings, and may also grant preliminary injunction for the
preservation of the rights of the parties pending such proceedings.
Sec. 7. Order.—After hearing, the court may either dismiss

the petition or issue an order granting the cancellation or
correction prayed for. In either case, a certified copy of the
judgment shall be served upon the civil registrar concerned who
shall annotate the same in his record.”
The OSG argues that the petition below is fatally defective

for non-compliance with Rules 103 and 108 of the Rules of
Court because respondent’s petition did not implead the
local civil registrar. Section 3, Rule 108 provides that the
civil registrar and all persons who have or claim any
interest which would be affected thereby shall be made
parties to the proceedings. Likewise, the local civil
registrar is required to be made a party in a proceeding for
the correction of name in the civil registry. He is an
indispensable party without whom no final determination
of the case can be had.12 Unless all possible indispensable
parties were duly notified of the proceedings, the same
shall be considered as falling much too short of the
requirements of the rules.13 The corresponding petition
should also implead as respondents the civil registrar and
all other persons who may have or may claim to have any
interest that would be affected thereby.14 Respondent,
however,
_______________
12 Republic v. Court of Appeals, G.R. No. 103695, March 15, 1996, 255
SCRA 99, 106.
13 Ceruila v. Delantar, G.R. No. 140305, December 9, 2005, 477 SCRA
134, 147.
14 Republic v. Benemerito, G.R. No. 146963, March 15, 2004, 425 SCRA
488, 492.
83
VOL. 565, SEPTEMBER 12, 2008 83

invokes Section 6,15 Rule 1 of the Rules of Court which

states that courts shall construe the Rules liberally to
promote their objectives of securing to the parties a just,
speedy and inexpensive disposition of the matters brought
before it. We agree that there is substantial compliance
with Rule 108 when respondent furnished a copy of the
petition to the local civil registrar.
The determination of a person’s sex appearing in his
birth certificate is a legal issue and the court must look to
the statutes. In this connection, Article 412 of the Civil

Code provides:
“ART. 412. No entry in a civil register shall be changed or

corrected without a judicial order.”
Together with Article 37616 of the Civil Code, this

provision was amended by Republic Act No. 904817 in so far
as clerical or typographical errors are involved. The
correction or change of such matters can now be made
through administrative proceedings and without the need
for a judicial order. In effect, Rep. Act No. 9048 removed
from the ambit of Rule 108 of the Rules of Court the
correction of such errors. Rule 108 now
_______________
15 SEC. 6. Construction.—These Rules shall be liberally construed in

order to promote their objective of securing a just, speedy and inexpensive
disposition of every action and proceeding.
16 Art. 376. No person can change his name or surname without
judicial authority.
17 An Act Authorizing the City or Municipal Civil Registrar or the
Consul General to Correct a Clerical or Typographical Error in an Entry
and/or Change of First Name or Nickname in the Civil Registrar Without
Need of a Judicial Order, Amending for this Purpose Articles 376 and 412
of the Civil Code of the Philippines. Approved, March 22, 2001.
84

applies only to substantial changes and corrections in

entries in the civil register.18
Under Rep. Act No. 9048, a correction in the civil
registry involving the change of sex is not a mere clerical or
typographical error. It is a substantial change for which the
applicable procedure is Rule 108 of the Rules of Court.19
The entries envisaged in Article 412 of the Civil Code
and correctable under Rule 108 of the Rules of Court are
those provided in Articles 407 and 408 of the Civil Code:
“ART. 407. Acts, events and judicial decrees concerning the

civil status of persons shall be recorded in the civil register.
ART. 408. The following shall be entered in the civil register:
(1) Births; (2) marriages; (3) deaths; (4) legal separations; (5)
annulments of marriage; (6) judgments declaring marriages void
from the beginning; (7) legitimations; (8) adoptions; (9)
acknowledgments of natural children; (10) naturalization; (11)

loss, or (12) recovery of citizenship; (13) civil interdiction; (14)
judicial determination of filiation; (15) voluntary emancipation of
a minor; and (16) changes of name.”
The acts, events or factual errors contemplated under

Article 407 of the Civil Code include even those that occur
after birth.20
Respondent undisputedly has CAH. This condition
causes the early or “inappropriate” appearance of male
characteristics. A person, like respondent, with this
condition produces too much androgen, a male hormone. A
newborn who has XX chromosomes coupled with CAH
usually has a (1) swollen clitoris with the urethral opening
at the base, an ambiguous genitalia often appearing more
male than female; (2) normal internal structures of the
female reproductive tract such as
_______________
18 Silverio v. Republic of the Philippines, G.R. No. 174689, October 19,

2007, 537 SCRA 373, 388.
19 Id., at p. 389.
20 Id., at p. 389.
85
VOL. 565, SEPTEMBER 12, 2008 85

the ovaries, uterus and fallopian tubes; as the child grows

older, some features start to appear male, such as
deepening of the voice, facial hair, and failure to
menstruate at puberty. About 1 in 10,000 to 18,000
children are born with CAH.
CAH is one of many conditions21 that involve intersex
anatomy. During the twentieth century, medicine adopted
the term “intersexuality” to apply to human beings who
cannot be classified as either male or female.22 The term is
now of widespread use. According to Wikipedia,
intersexuality “is the state of a living thing of a
gonochoristic species whose sex chromosomes, genitalia,
and/or secondary sex characteristics are determined to be
neither exclusively male nor female. An organism with
intersex may have biological characteristics of both male
and female sexes.”
Intersex individuals are treated in different ways by
different cultures. In most societies, intersex individuals
have been expected to conform to either a male or female

gender role.23 Since the rise of modern medical science in
Western societies, some intersex people with ambiguous
external genitalia have had their genitalia surgically
modified to resemble either male or female genitals.24 More
commonly, an intersex indi-
_______________
21 (1) 5-alpha reductase deficiency; (2) androgen insensitivity

syndrome; (3) aphallia; (4) clitoromegaly; (5) congenital adrenal
hyperplasia; (6) gonadal dysgenesis (partial & complete); (7) hypospadias;
(8) Kallmann syndrome; (9) Klinefelter syndrome; (10) micropenis; (11)
mosaicism involving sex chromosomes; (12) MRKH (mullerian agenesis;
vaginal agenesis; congenital absence of vagina); (13) ovo-testes (formerly
called “true hermaphroditism”); (14) partial androgen insensitivity
syndrome; (15) progestin induced virilization; (16) Swyer syndrome; (17)
Turner syndrome. [Intersexuality
<http://en.wikipedia.org/wiki/Intersexual> (visited August 15, 2008).]
22 Intersexuality <http://en.wikipedia.org/wiki/Intersexual> (visited
August 15, 2008).
August 15, 2008), citing Gagnon and Simon 1973.
August 15, 2008).
86

vidual is considered as suffering from a “disorder” which is

almost always recommended to be treated, whether by
surgery and/or by taking lifetime medication in order to
mold the individual as neatly as possible into the category
of either male or female.
In deciding this case, we consider the compassionate
calls for recognition of the various degrees of intersex as
variations which should not be subject to outright denial.
“It has been suggested that there is some middle ground
between the sexes, a ‘no-man’s land’ for those individuals
who are neither truly ‘male’ nor truly ‘female.’ ”25 The
current state of Philippine statutes apparently compels
that a person be classified either as a male or as a female,
but this Court is not controlled by mere appearances when
nature itself fundamentally negates such rigid
classification.
In the instant case, if we determine respondent to be a

female, then there is no basis for a change in the birth
certificate entry for gender. But if we determine, based on
medical testimony and scientific development showing the
respondent to be other than female, then a change in the
subject’s birth certificate entry is in order.
Biologically, nature endowed respondent with a mixed
(neither consistently and categorically female nor
consistently and categorically male) composition.
Respondent has female (XX) chromosomes. However,
respondent’s body system naturally produces high levels of
male hormones (androgen). As a result, respondent has
ambiguous genitalia and the phenotypic features of a male.
Ultimately, we are of the view that where the person is
biologically or naturally intersex the determining factor in
his gender classification would be what the individual, like
respondent, having reached the age of majority, with good
reason thinks of his/her sex. Respondent here thinks of
himself as a male and considering that his body produces
high levels
_______________
25 M.T. v. J.T., 140 N.J. Super 77 355 A. 2d 204.
87
VOL. 565, SEPTEMBER 12, 2008 87

of male hormones (androgen) there is preponderant

biological support for considering him as being male.
Sexual development in cases of intersex persons makes the
gender classification at birth inconclusive. It is at maturity
that the gender of such persons, like respondent, is fixed.
Respondent here has simply let nature take its course
and has not taken unnatural steps to arrest or interfere
with what he was born with. And accordingly, he has
already ordered his life to that of a male. Respondent could
have undergone treatment and taken steps, like taking
lifelong medication,26 to force his body into the categorical
mold of a female but he did not. He chose not to do so.
Nature has instead taken its due course in respondent’s
development to reveal more fully his male characteristics.
In the absence of a law on the matter, the Court will not
dictate on respondent concerning a matter so innately
private as one’s sexuality and lifestyle preferences, much
less on whether or not to undergo medical treatment to

reverse the
_______________
26 The goal of treatment is to return hormone levels to normal. This is

done by taking a form of cortisol (dexamethasone), fludrocortisone, or
hydrocortisone) every day. Additional doses of medicine are needed during
times of stress, such as severe illness or surgery.
x x x x
Parents of children with congenital adrenal hyperplasia should be
aware of the side effects of steroid therapy. They should report signs of
infection and stress to their health care provider because increases in
medication may be required. In additional, steroid medications cannot be
stopped suddenly, or adrenal insufficiency will result.
x x x x
The outcome is usually associated with good health, but short stature
may result even with treatment. Males have normal fertility. Females
may have a smaller opening of the vagina and lower fertility. Medication
to treat this disorder must be continued for life. (Congenital Adrenal
Hyperplasia <http://www.nlm.nih.gov/medline
plus/encyclopedia.html>.)
88

male tendency due to CAH. The Court will not consider

respondent as having erred in not choosing to undergo
treatment in order to become or remain as a female.
Neither will the Court force respondent to undergo
treatment and to take medication in order to fit the mold of
a female, as society commonly currently knows this gender
of the human species. Respondent is the one who has to live
with his intersex anatomy. To him belongs the human right
to the pursuit of happiness and of health. Thus, to him
should belong the primordial choice of what courses of
action to take along the path of his sexual development and
maturation. In the absence of evidence that respondent is
an “incompetent”27 and in the absence of evidence to show
that classifying respondent as a male will harm other
members of society who are equally entitled to protection
under the law, the Court affirms as valid and justified the
respondent’s position and his personal judgment of being a
male.
In so ruling we do no more than give respect to (1) the
diversity of nature; and (2) how an individual deals with
what nature has handed out. In other words, we respect

respondent’s congenital condition and his mature decision
to be a male. Life is already difficult for the ordinary
person. We cannot but respect how respondent deals with
his unordinary state and thus help make his life easier,
considering the unique circumstances in this case.
As for respondent’s change of name under Rule 103, this
Court has held that a change of name is not a matter of
right
_______________
27 The word “incompetent” includes persons suffering the penalty of

civil interdiction or who are hospitalized lepers, prodigals, deaf and dumb
who are unable to read and write, those who are of unsound mind, even
though they have lucid intervals, and persons not being of unsound mind,
but by reason of age, disease, weak mind, and other similar causes,
cannot, without outside aid, take care of themselves and manage their
property, becoming thereby an easy prey for deceit and exploitation. (See
Sec. 2 of Rule 92 of the Rules of Court)
89
VOL. 565, SEPTEMBER 12, 2008 89

but of judicial discretion, to be exercised in the light of the

reasons adduced and the consequences that will follow.28
The trial court’s grant of respondent’s change of name from
Jennifer to Jeff implies a change of a feminine name to a
masculine name. Considering the consequence that
respondent’s change of name merely recognizes his
preferred gender, we find merit in respondent’s change of
name. Such a change will conform with the change of the
entry in his birth certificate from female to male.
WHEREFORE, the Republic’s petition is DENIED. The
Decision dated January 12, 2005 of the Regional Trial
Court, Branch 33 of Siniloan, Laguna, is AFFIRMED. No
pronouncement as to costs.
SO ORDERED.
Carpio-Morales, Tinga, Velasco, Jr. and Brion, JJ.,

concur.
Petition denied, judgment of RTC of Siniloan, Laguna,

Br. 33 affirmed.
Notes.—The subject of rights must have a fixed symbol

for individualization which serves to distinguish him from
all others—this symbol is his name. The appropriate
remedy for change of name is covered by Rule 103, a
separate and distinct proceeding from Rule 108 on mere
cancellation and correction of entries in the civil registry.
(Republic vs. Capote, 514 SCRA 76 [2007])
No law allows the change of entry in the birth certificate
as to sex on the ground of sex reassignment. (Silverio vs.
Republic, 537 SCRA 373 [2007])
——o0o——
_______________
28 Yu v. Republic of the Philippines, 123 Phil. 1106, 1110; 17 SCRA

253, 256 (1966).
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Republic v. Cagandahan, G.R. No. 166676, September 12, 2008

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12/2/22, 12:25 AM SUPREME COURT REPORTS ANNOTATED VOLUME 565

days. Basically, Ponzi used the money he received from

G.R. No. 166676. September 12, 2008.*

REPUBLIC OF THE PHILIPPINES, petitioner, vs.

Civil Registry; Correction of Entries in Birth Certificates;

VOL. 565, SEPTEMBER 12, 2008 73

Republic vs. Cagandahan

correction in the civil registry involving the change of sex is not a

intersexuality “is the state of a living thing of a gonochoristic

74 SUPREME COURT REPORTS ANNOTATED

Republic vs. Cagandahan

female. An organism with intersex may have biological

genitalia and the phenotypic features of a male. Ultimately, we

VOL. 565, SEPTEMBER 12, 2008 75

Republic vs. Cagandahan

tion would be what the individual, like respondent, having

has held that a change of name is not a matter of right but of

76 SUPREME COURT REPORTS ANNOTATED

Republic vs. Cagandahan

name to a masculine name. Considering the consequence that

PETITION for review on certiorari of a decision of the

1 Rollo, pp. 29-32. Penned by Judge Florenio P. Bueser.

VOL. 565, SEPTEMBER 12, 2008 77

tics. She further alleged that she was diagnosed to have

“The Court is convinced that petitioner has satisfactorily shown

78 SUPREME COURT REPORTS ANNOTATED

for the granting of his petition. It was medically proven that

Thus, this petition by the Office of the Solicitor General

THE TRIAL COURT ERRED IN GRANTING THE PETITION

3 Id., at pp. 31-32.

VOL. 565, SEPTEMBER 12, 2008 79

Simply stated, the issue is whether the trial court erred

80 SUPREME COURT REPORTS ANNOTATED

Rule 108,10 and respondent substantially complied with the

Rules 103 and 108 of the Rules of Court provide:

VOL. 565, SEPTEMBER 12, 2008 81

of the municipality or city where the court issuing the same is

82 SUPREME COURT REPORTS ANNOTATED

Sec. 5. Opposition.—The civil registrar and any person

Sec. 7. Order.—After hearing, the court may either dismiss

The OSG argues that the petition below is fatally defective

VOL. 565, SEPTEMBER 12, 2008 83

invokes Section 6,15 Rule 1 of the Rules of Court which

the statutes. In this connection, Article 412 of the Civil

“ART. 412. No entry in a civil register shall be changed or

Together with Article 37616 of the Civil Code, this

15 SEC. 6. Construction.—These Rules shall be liberally construed in

84 SUPREME COURT REPORTS ANNOTATED

applies only to substantial changes and corrections in

“ART. 407. Acts, events and judicial decrees concerning the

acknowledgments of natural children; (10) naturalization; (11)

The acts, events or factual errors contemplated under

18 Silverio v. Republic of the Philippines, G.R. No. 174689, October 19,

VOL. 565, SEPTEMBER 12, 2008 85

the ovaries, uterus and fallopian tubes; as the child grows

have been expected to conform to either a male or female

21 (1) 5-alpha reductase deficiency; (2) androgen insensitivity

86 SUPREME COURT REPORTS ANNOTATED

vidual is considered as suffering from a “disorder” which is

In the instant case, if we determine respondent to be a

25 M.T. v. J.T., 140 N.J. Super 77 355 A. 2d 204.

VOL. 565, SEPTEMBER 12, 2008 87

of male hormones (androgen) there is preponderant

less on whether or not to undergo medical treatment to